Smith v. Waterbury & Milldale Tramway Co.

The defendant in its demurrer claimed that the real party in interest was the Travelers Insurance Company, by virtue of an assignment of plantiff’s claim in this action and of subrogation to the plaintiff’s rights. The point is not well taken. General Statutes, § 5655, provides that the “equitable and bona fide owner of any chose in action, not negotiable, may sue thereon in his own name.” But he is not obliged to do so, the statute is merely permissive. The right of the assignor to sue in his own name, as at common law, still exists. Furthermore, the assignee can, as at common law, if he…